PREAMBLE
The Supplier is "ViaWeb Australia” , hereafter know as The Supplier, we, our, or us.
The Customer is any Person, Company, Corporation, Trust, Body Corporate or any other Entity that engages the services of The Supplier , hereafter know as The Customer, or you.
The Services means those services/products sold to The Customer by The Supplier
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for The Services and apply to all contracts and all work undertaken by The Supplier for The Customer. The Customer agrees to comply with the Terms and Conditions contained hearin.
The Customer acknowledges that these Terms & Conditions constitute a Security Agreement which creates a Security Interest in favour of The Supplier in accordance with the Personal Property Securities Act 2009 (Cth) and The Customer accepts that The Supplier may register a Security Interest of a Financing Statement or Financing Change Statement to the Personal Property Security Register (PPSR) so as to protect it's Services.
If The Customer is acting as the trustee of any trust (whether disclosed or not) then The Customer declares that it is authorising the services/products in its own capacity and as trustee of the trust with the ability to bind, and the intention of binding both.
Jurisdiction for the law is applicable to the State of Western Australia
2. PAYMENT TERMS
2.1 THE DEPOSIT
A deposit specified under our proposal is due immediately upon acceptance and instruction to proceed with The Services as quoted.
The Supplier has the right not to commence any of The Services until receipt of the full deposit as specified under the Proposal.
The deposit is only refundable if The Supplier has not fulfilled the obligations to deliver The Services required under the agreement. The deposit is not refundable if The Services have commenced and The Customer terminate the contract through no fault of The Supplier.
2.2 THE FINAL PAYMENT
The remainder of the amount as specified in the proposal shall become due upon completion of The Services as quoted to the reasonable satisfaction of The Customer, subject to the terms of Clause 6 Approval of Work and Clause 7 Rejection of Work. Upon completion of the 7-day review period as in Clause 6 and Clause 7, The Supplier shall invoice for the balance.
2.3 PAYMENT DUE
Unless otherwise agreed, The Customer shall make payment to The Supplier within 14 days of date of invoice.
2.4 FAILURE TO MAKE PAYMENT
Failure to make payment shall result in suspension of Services until such time payment is made. Amounts remaining outstanding for greater than 7 days after the due date of paymant shall incur penalty interest at the rate of 2% per month on the outstanding balance.
2.5 DEBT RECOVERY
The Customer is liable for all costs associated with the debt recovery, including but not limited to Solicitors fees and Debt Collection Agencies but not too exceed 49% of the actual debt.
2.6 TITLE OWNERSHIP
Under the Compertition & Consumer Act 2010 (Cth) ownership or title of the Services remains with The Supplier until all funds outstanding have been receipted to The Supplier.
3. VARIATIONS
The Customer has the opportunity to make design revisions, however, we have the right to limit the number of revisions to a reasonable amount and may charge for additional designs if The Customer makes a change to the original design specification.
The website design and development stage is flexible and allows small variations to the original specification. However major design changes from the original specification will be charged at the rate of $60 per hour.
4. ADDITIONAL EXPENSES
The Customer agrees to reimburse The Supplier for any expenses incurred which do not form part of the agreed Proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
5. CONTENT
5.1 SUPPLY OF CONTENT
The Customer is responsible for the supply of all content and information required by The Supplier to complete the Services as required in accordance with any agreed specification. Such content may include, but is not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying this content, that could lead to a delay in the completion of The Services, we have the right to extend any previously agreed deadlines by a reasonable amount based on the delayed time.
Where you fail to supply such content, and that prevents the progress of the Service, we have the right to invoice you for any part or parts thereof of the Services ompleted to date.
5.2. WARRANTY BY THE CUSTOMER AS TO OWNERSHIP OF THE INTELLECTUAL PROPERTY RIGHTS FOR THE CONTENT
The Customer must obtain all required rights, permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other content that is supplied to be included in your website or web applications. Written approvals are to be submitted to The Supplier along with the affected content
The Customer must indemnify The Supplier and hold us harmless from any claims or legal actions related to the content of your website.
5.3. PROJECT DELAYS AND CLIENT LIABILITY
Any scheduled dates of delivery or estimates that are given by the Supplier are contingent upon The Customer's full co-operation and completion of supply of final content for the website. During the development process, there is an amount of communication required between the Supplier and The Customer to progress to subsequent phases. A single point of contact, a nominated decision maker at The Customer should be appointed and be available regularly in order to expedite the design and approval process.
6. APPROVAL OF WORK
On completion of the agreed works The Customer will be notified and have the opportunity to review the project. The Customer must notify The Supplier in writing of any unsatisfactory items within 7 days of notification of completion. Any of the completed project Services which has not been reported in writing to The Supplier as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, the completed project cannot subsequently be rejected and the contract will be deemed to have been completed. At this time the balance of the project price will be invoiced.
7. REJECTION OF WORK
If The Customer rejects any portion of the project within 7-day of notification of completion, or if The Customer does not approve subsequent work performed by The Supplier to remedy any items recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. LICENSING
Upon competion of payment in full for the project as agreed, The Supplier grants to The Customer a license to use the website and its related software and contents for the life of the website.
9. DOMAIN NAMES AND WEB HOSTING TITLE
The Supplier will supply to The Customer credentials for domain name registration and/or web hosting purchased on The Customers behalf upon The Customer's full reimburse of any outstanding expenses that have been incurred by The Supplier on behalf of The Customer and upon termination of any business relations with The Supplier.
10. CONSEQUENTIAL LOSS
The Supplier shall not be liable for any loss or damage which The Customer may suffer which is in any way attributable to any delay in performance or completion of The Supplier contract, however that delay arises.
11. SUBCONTRACTING
The Supplier reserve the right to subcontract any services that we have agreed to perform for The Customer as we see fit.
12. NON-DISCLOSURE
The Supplier and any subcontractors engage, agree to not at any time disclose any of The Customer's confidential information to any third party, unless otherwise required by law.
13.DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of ViaWeb under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
14 BACKUPS
The Customer is responsible for maintaining their own backups with respect to The Customer website and The Supplier shall be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by the Supplier.
15. SEARCH ENGINES
The Supplier does not guarantee any specific ranking on search engin results for the website. Only basic search engin setup is performed according to current best practice.
16. CROSS BROWSER COMPATIBILITY
The Supplier endeavour to ensure that the website created is compatible with current modern web browsers such as Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate The Supplier will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
17. E-COMMERCE
The Customer is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify The Supplier and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from The Customer or their clients’ use of Internet electronic commerce.
